DOE v. THE REPUBLIC

EDUSEI J., sitting in the High Court, heard the appeal of a female appellant who pleaded guilty to assault contrary to section 48 of the Criminal Code before the District Court Grade II, Takoradi. The District Court imposed a fine of Na250 or three months’ imprisonment and recommended deportation. On appeal, Mr. Mercer argued that section 12(2) of the Aliens Act permits deportation recommendation only for offences punishable by imprisonment alone; State Attorney Mr. Baddoo countered that the statute focuses on the court’s power to impose imprisonment. EDUSEI J. held that a deportation recommendation is proper only where actual imprisonment is imposed without the option of a fine; because the District Court gave an option and imposed a fine, the recommendation was invalid. The judge also emphasized prudent discretion and the need to ascertain and record nationality. The appeal was allowed in part: deportation set aside; the sentence appeal dismissed.